103rd Constitutional Amendment Act, Features, Need, SC Verdict

The 103rd Constitutional Amendment Act passed in 2019, represents a significant shift in India's approach to affirmative action. This amendment introduced a 10% reservation for Economically Weaker Sections (EWS) in educational institutions and government jobs to address economic disparities in Indian society. The amendment has sparked intense debate about its implications for the Indian Constitution's fundamental structure and equality principles. 

What is the 103rd Constitutional Amendment Act?

The 103rd Amendment Act provides for reservations in state appointments and admission to educational institutions for "Economically Weaker Sections of Citizens (EWS)". This reservation can cover up to 10% of the total available seats. On the one hand, it is praised as a tool for economic justice, but it is also chastised for violating the very foundations of the Constitution.

103rd Constitutional Amendment Act Features

The 103rd Constitutional Amendment Act introduced a 10% reservation for economically weaker sections (EWS) in government jobs and educational institutions. It also amended Articles 15 and 16 of the Indian Constitution to allow for special provisions benefiting EWS groups while excluding SC, ST, and OBC categories from this reservation.

• Introduction of 10% Reservation for EWS: The amendment establishes a 10% reservation for individuals from economically disadvantaged backgrounds in government jobs and educational institutions. This is in addition to the existing 50% reservation for SC, ST, and OBCs.
• Constitutional Validity: The 103rd Amendment altered Article 15 and Article 16 of the Indian Constitution.
• Article 15(6) allows for special provisions for EWS in educational institutions.
• Article 16(6) provides for the reservation of appointments or posts in favour of EWS.
• Criteria for EWS Eligibility: To qualify for the EWS reservation, the person must meet the following conditions:
  • The family’s annual income should be less than ₹8 lakh.
  • The family should not own more than 5 acres of agricultural land.
  • The family should not own a residential flat of more than 1,000 square feet or a house of more than 100 square yards in a notified municipality.
• Exclusion of SCs/STs/OBCs Beneficiaries: The reservation under this amendment is specifically for individuals from the general category who are not covered by existing SCs, STs or OBCs reservations.
• Applicability Across All Educational Institutions: The amendment applies to all educational institutions, including private institutions, whether aided or unaided, except for minority institutions under Article 30(1).

103rd Constitutional Amendment Act Need

The 103rd Constitutional Amendment Act was introduced in India to address specific socio-economic challenges and to extend affirmative action to economically weaker sections (EWS) of society. The main reasons for the introduction of the act include:

• Addressing Economic Inequality: The amendment seeks to reduce economic disparities by providing opportunities to economically disadvantaged people who are not eligible for existing reservations for Scheduled Castes (SCs), Scheduled Tribes (STs), and Other Backward Classes (OBCs).
• Inclusive Growth: The amendment aims to promote inclusive growth by extending reservations to EWS while ensuring that economic disadvantages do not prevent access to education and employment opportunities.
• Constitutional Mandate: The amendment is consistent with Article 46 (Directive Principles of State Policy) of the Constitution, which directs the state to promote the educational and economic interests of marginalised groups, thereby fulfilling a constitutional mandate to protect them.
• Political and Social Demand: There was growing political and social pressure to address the needs of economically disadvantaged members of the general population who felt excluded from the benefits of existing reservation policies.
• Balancing Reservation Policies: The amendment was seen as a necessary step to balance the reservation system by including economically disadvantaged individuals from the general category, thereby broadening the scope of affirmative action beyond caste-based criteria.

Supreme Court Verdict on the 103rd Constitutional Amendment Act

In a landmark decision in the Janhit Abhiyan vs Union of India case in 2022, the Supreme Court upheld the constitutionality of the 103rd Constitutional Amendment Act by a 3:2 vote. The Court determined that the amendment did not violate the Constitution's fundamental structure.

• Constitutional Validity: The Supreme Court upheld the constitutionality of the 103rd Amendment. The court ruled that the amendment did not violate the Constitution's fundamental structure, despite concerns about its impact on equality and the 50% reservation cap established in previous rulings.
• Judges Arguments: All five judges agreed that the Constitution allows reservations based on economic criteria, but they disagreed on eligibility and the number of reserved seats. 
  • Justices Maheshwari, Trivedi, and Pardiwala supported the amendment, stating that EWS reservations are valid and can exclude SCs/STs and OBCs groups. 
    • They argued that treating different groups equally is unjust. ‘Just as equals cannot be treated unequally, unequals cannot be treated equally’.
  • However, Justice Bhat opposed the exclusion of SCs/STs and OBCs, saying it violates the Constitution’s basic structure and breaches the 50% reservation limit set by Indra Sawhney.

103rd Constitutional Amendment Act Impacts

The 103rd Constitutional Amendment Act, which introduced a 10% reservation for Economically Weaker Sections (EWS), has had the following significant impacts on the socio-economic and educational landscape of the country:

• Expansion of Reservation Policy: The amendment significantly broadens India's reservation policy by incorporating economically disadvantaged groups, potentially paving the way for future expansions based on different criteria.
• Higher Administrative Burden: Implementing the 10% EWS reservation necessitates extensive administrative efforts, such as identifying eligible beneficiaries, maintaining transparency, and avoiding overlaps with existing reservations.
• Potential Legal Precedents: The amendment and subsequent Supreme Court decision may set legal precedents for future constitutional amendments and affirmative action policies, particularly regarding the interpretation of the 50% cap and the application of economic criteria.
• Identifying Beneficiaries: Ensuring that only truly economically disadvantaged people benefit from the reservation is a significant challenge. The number of fake EWS certificates has increased, thud required a more scrutinised process for granting EWS certificates.
• Effects on Educational and Employment Opportunities: The amendment expands access to higher education, including IITs and IIMs, for economically disadvantaged groups not covered by existing reservations, though it may raise concerns about balancing reservation and meritocracy.
• Reduced Merit Quota: The introduction of EWS reservations has reduced the number of seats available under the merit quota, affecting candidates from all categories, including General, OBCs, SCs, and STs.
• Potential for Increased Demands: The amendment may increase reservation demand from other groups, potentially opening a "Pandora's Box" of state legislation seeking to exceed the allowable reservation threshold.

103rd Constitutional Amendment Act UPSC PYQs

Question 1: Consider the following statements : (UPSC Prelims 2023)

Statement-I: The Supreme Court of India has held in some judgments that the reservation policies made under Article 16(4) of the Constitution of India would be limited by Article 335 for maintenance of efficiency of administration.

Statement-II: Article 335 of the Constitution of India defines the term 'efficiency of administration'.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-I and Statement-II are correct and Statement-II is the correct explanation for Statement-I

(b) Both Statement-I and Statement-II are correct and Statement-II is not the correct explanation for Statement-I

(c) Statement-I is correct but Statement-II is incorrect

(d) Statement-I is incorrect but Statement-II is correct

Ans: (c)

103rd Constitutional Amendment Act FAQs

Q1. What is the 103rd Amendment?

Ans: The 103rd Constitutional Amendment introduced a 10% quota for Economically Weaker Sections (EWS) in government jobs and higher education to reduce disparity.

Q2. What is the Judgement of the 103rd Constitutional Amendment Act SC?

Ans: In 2022, the Supreme Court of India upheld the 103rd Constitutional Amendment Act of 2019, which provides reservations for economically weaker sections (EWS) in government jobs and educational institutions.

Q3. Which articles were added by the constitutional 103rd Amendment Act?

Ans: The 103rd Amendment Act 2019 added Articles 15(6) and 16(6), introducing a 10% reservation for economically weaker sections (EWS) in government jobs and educational institutions.

Q4. What is the 104th Constitutional Amendment Act?

Ans: The 104th Amendment extended SC/ST seat reservations in Parliament and state legislatures from 70 to 80 years while abolishing Anglo-Indian reserved seats in both.

Q5. What is the validity of the 103rd Constitutional Amendment?

Ans: The Supreme Court upheld the 103rd Constitutional Amendment in a 3-2 verdict, stating that the 10% EWS reservation is constitutional and the 50% reservation cap can be exceeded in exceptional cases.